CAT/C/TJK/CO/2 (d) Unambiguously reaffirm the absolute prohibition of torture and publicly warn that anyone committing such acts or otherwise complicit or acquiescent in torture will be held personally responsible before the law for such acts and will be subject to criminal prosecution and appropriate penalties. Deaths in custody 10. The Committee is concerned at reports from the State party and non-governmental organizations on several instances of deaths in custody, including the deaths of Ismonboy Boboev, Usman Boboev, Khurshed Bobokalonov, Alovuddin Davlatov, Murodov Dilshodbek, Hamza Ikromzoda, Khamzali Ikromzoda, Safarali Sangov, Bahromiddin Shodiev and at the lack of effective and impartial investigations into these cases (arts. 2, 12 and 16). The Committee urges the State party to promptly, impartially and effectively investigate all deaths of detainees, assess any liability of public officials, ensure punishment of perpetrators, and provide compensation to the families of the victims. The Committee requests that the State party provide comprehensive updated information on all reported cases of deaths in custody, including location, cause of death and results of any investigations conducted into such deaths, including punishment of perpetrators and compensation provided to relatives of victims. Investigations and impunity 11. The Committee is deeply concerned that allegations of torture and ill-treatment are not promptly, impartially or effectively investigated and prosecuted, thus creating a climate of impunity. The Committee is further concerned that under article 28(1) of the CPC, a court, judge, prosecutor, or an investigator may terminate criminal proceedings and exempt the person in question from criminal liability. Such actions can be taken on the basis of repentance, conciliation with the victim, change of circumstances, or expiration of the period of statute of limitation for criminal prosecution (arts. 2, 12, 13 and 16). The State party should: (a) Take concrete steps to establish an effective and independent criminal investigation mechanism with no connection to the body prosecuting the case against the alleged victim; (b) Expedite prompt, impartial and thorough investigation into all allegations of torture and ill-treatment and bring the alleged perpetrator to justice; (c) Revoke provisions in the CPC allowing termination of criminal proceedings and exemption of the defendant from criminal liability whenever the case concerns allegations of torture and ill-treatment. Torture and ill-treatment in the armed forces 12. While noting the establishment of hotlines and mobile monitoring units to address the problem of hazing and ill-treatment of conscripts by officers and fellow soldiers in the military, the Committee is concerned that such practices continue to be prevalent in the State party (arts. 2 and 16). The State party should reinforce measures to prohibit and eliminate hazing and illtreatment in the armed forces and ensure prompt, impartial and thorough investigation of all allegations of such acts. Where evidence of hazing is found, it should establish the liability of direct perpetrators and those in the chain of command, prosecute and punish those responsible with penalties that are consistent with the 4

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